Thames Valley Police accepted Thursday that search warrants used to raid Andrew Mountbatten-Windsor's homes in February were unlawful, the High Court was told. The former prince, who denies wrongdoing, was arrested on suspicion of misconduct in public office after the US Department of Justice published documents suggesting he had forwarded confidential information to Jeffrey Epstein when serving as a UK trade envoy in 2010.
Judge Mr Justice Hilliard said Mountbatten-Windsor and the police agreed the warrants were unlawful. The police applied for search warrants under sections eight and nine of the Police and Criminal Evidence Act 1984. The Central Criminal Court granted them only under section eight, but a legal challenge established the court should have issued them under section nine.
The force seized documents and electronic devices during the raids. Those items remain in police custody pending a further hearing scheduled for 2027 to determine whether the material can be used as evidence. The judge noted that quashing the warrants does not end the investigation or render it wholly unlawful.
Mountbatten-Windsor opposes the police retaining the evidence. Thames Valley Police argued it had a point in holding the materials, since "there would be little point in handing property back if it could then simply be lawfully seized under some other provision."
The next stage involves a closed-door hearing over whether police can retain the seized material under alternative powers. Police must convince a judge that the material is likely to be of "substantial value" to their investigation. This alternative power includes extra legal safeguards designed for situations where sensitive material, such as lawyer-client communications or confidential employer documents, might be seized.
Thames Valley Police said the agreement to quash the warrants "relates specifically to a decision made by the court regarding the legal basis" and is not a judgment on the ongoing investigation. The force said it "ensured the court was presented with all the necessary information and paperwork to inform their decision, following the correct legal processes throughout." The criminal investigation into Mountbatten-Windsor continues, the force stated.
Mountbatten-Windsor has consistently denied any wrongdoing related to Epstein.
